Law:

Section:

Punjab Civil Servants (Efficiency & Discipline) Rules, 1975- -- R. 7 -- Enquiry - Evidence recorded in absence of accused -Cannot be used - Patwari deputed on duty in area complicatedly adjoining Indian Border straying into Indian territory and apprehended and detained in Indian Jail after being convicted-Enquiry Officer after his arrival back holding inquiry but relying on evidence recorded in his absence and unwarranted assumptions holding him guilty of wilful absence and crossing Border with ulterior motive without affording accused opportunity of defence and without considering his explanations - Charge of wilful absence and ulterior motive not established by any other evidence and circumstances indicative that straying of accused in Indian territory was not Intentional-Biased conclusions of enquiry, in circumstances, held, resulting in adverse attitude of punishing authority and accused, in circumstances, held, condemned unheard involving contravention of principle of natural justice-Impugned dismissal order set aside by Service Tribunal re-instating accused appellant with full back bene­fits Punjab Service Tribunals Act (IX of 1974), S. 4. Hassan Ahmad Khan Kanwar for Appellant. Haroon-ur-Rashid Cheema, District Attorney for the State. JUDGMENT Mukhtar Ali ex-Naib Qasid has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against the order passed by the Collector, Sahiwal, dated 25-4-1981, and against the order of learned Commissioner, Multan Division, Multan, dated 9-8-1981, by which he has been dismissed from service. 2. By virtue of this appeal he has prayed that that the impugned order be set aside and he may be re-instated to his original post with all back benefits. 3. Brief facts of the case are that the appellant while attached to the Naib-Tehsildar. (Recoveries) for recovery of arrears of land revenue etc. strayed into Indian territory which was complicatedly joining the Pakistan Border and was apprehended by the Indian Border Police. His bags and papers were confiscated and he was sent to Ferozepur Jail, India. Ultimately he was convicted to 7 months' R. I. After his release when the appellant came back to…

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